The accident happened fast. One moment you were driving through Arvada, the next you were sitting in your car watching the other driver get out and walk toward you. Maybe it was on Wadsworth Boulevard during rush hour. Maybe it was a quiet intersection near Olde Town. Now your neck hurts, your car is damaged, and the other driver’s insurance company has already left two voicemails.
You are not sure what to do next. You are not sure if this is serious enough to call a lawyer. You are not even sure if you have a case.
Here is what you need to know: The insurance company calling you is not on your side. They never were. And the decisions you make in the next few days will determine whether you get fair compensation or whether you spend the next year paying medical bills out of pocket while they walk away.
McCormick & Murphy, P.C. represents car accident victims throughout Arvada and the surrounding Denver metro area. We have seen every tactic the insurance companies use. We know what your case is actually worth. And we know how to get it.
The insurance adjuster who calls you two days after your accident sounds helpful. They ask how you are feeling. They say they just need a quick statement to process your claim. They make it sound simple.
It is not simple. That phone call is designed to do one thing: get you to say something they can use to deny or reduce your claim later.
Insurance companies start building their defense the moment the accident is reported. They are pulling records. They are checking your driving history. They are preparing to argue that you were partially at fault, that your injuries are not as serious as you claim, or that those injuries existed before the accident.
What you do in those first 72 hours matters more than most people realize. If you give a recorded statement before you fully understand your injuries, you have just created a document they will use against you for the rest of your case. If you accept an early settlement offer because you need money now, you may have just signed away your right to recover anything more—even if your injuries turn out to be worse than you thought.
You do not have to make those decisions alone. You do not have to figure this out while you are still in pain and trying to get your car fixed and missing work because you cannot turn your head without wincing.
The insurance company—even your own insurance company—is a business. Their job is to pay as little as possible on every claim. That is how they stay profitable. That is how their adjusters get promoted.
When they call you, they already know more about your case than you do. They know what your medical records say. They know what the police report says. They know whether you hesitated at that intersection or whether the other driver ran a red light. And they are going to use all of that information to convince you that your claim is worth less than it actually is.
This is not personal. This is their system. They have done this thousands of times. You are doing it for the first time.
The adjuster will sound sympathetic. They will tell you they want to resolve this quickly so you can move on with your life. They will make an offer that sounds reasonable—maybe a few thousand dollars to cover your car repairs and your first emergency room visit.
What they will not tell you is that soft tissue injuries often do not show up for days or weeks. They will not tell you that the herniated disc the doctor finds next month is covered under the same claim. They will not tell you that the settlement they are offering does not include compensation for your lost wages, your pain, the physical therapy you are going to need, or the fact that you still cannot sleep through the night because your shoulder hurts.
Once you sign that settlement, you cannot go back. Even if your injuries get worse. Even if you find out the crash caused permanent damage. The case is closed.
Colorado is a modified comparative negligence state. That means if you are found to be more than 50 percent at fault for the accident, you cannot recover anything. If you are less than 50 percent at fault, you can still recover compensation, but it will be reduced by your percentage of fault.
Insurance companies know this. So they do everything they can to shift blame onto you.
Maybe the other driver ran a stop sign, but the adjuster claims you were speeding so you share the blame. Maybe you were rear-ended at a red light, but they argue you stopped short. Maybe the police report says the other driver was at fault, but the insurance company orders their own accident reconstruction and suddenly the story changes.
This is where most people without lawyers lose. Because they do not know how to fight back. They do not have access to accident reconstruction experts. They do not know how to challenge the insurance company’s version of events. They take what they are offered because they do not know they have other options.
We know how to prove fault. We work with investigators and experts who reconstruct accidents. We pull surveillance footage from nearby businesses. We track down witnesses. We review the police report and the 911 calls and the damage to both vehicles. And we build a case that shows exactly what happened and who was responsible.
Most people think a car accident claim covers their medical bills and the damage to their car. That is part of it. But it is not the whole picture.
Colorado law allows you to recover compensation for every harm the accident caused. That includes:
The insurance company will not tell you about most of these categories. They will focus on your medical bills and your car repairs because those are the easiest to calculate and the easiest to minimize. They will not ask about the fact that you cannot pick up your kids without pain. They will not ask about the vacation you had to cancel because you were in physical therapy. They will not ask about the promotion you missed because you were out of work for six weeks.
Those losses are real. They are compensable. And they add up to far more than the first offer the adjuster makes.
People assume their own insurance company will help them after an accident. Sometimes they do. Often they do not.
If the other driver does not have insurance, or if they do not have enough insurance to cover your damages, you will need to file a claim under your own underinsured or uninsured motorist coverage. That is when your own insurance company stops being your advocate and starts being your opponent.
They will investigate your claim the same way the other driver’s insurance company would. They will question your injuries. They will argue about fault. They will make low offers and hope you accept them because you trust them.
This catches people off guard. You have been paying premiums for years. You expect your insurance company to take care of you. But once you file a claim, their financial interest is in paying you as little as possible. That is true even if you have been a customer for decades.
We deal with this situation all the time. We know how to hold your own insurance company accountable. We know what your policy actually says and what they are required to pay. And we know how to fight back when they try to deny a valid claim.
If you were just in an accident in Arvada, here is what you should do right now:
Get medical attention even if you feel fine. Adrenaline masks pain. Serious injuries do not always hurt immediately. If you wait to see a doctor, the insurance company will argue your injuries were not caused by the accident.
Do not give a recorded statement to any insurance company. Not the other driver’s. Not your own. They will use your words against you later.
Do not sign anything. Not a medical release. Not a settlement agreement. Not a form that says you will cooperate with their investigation. Once you sign, you may have given up rights you did not know you had.
Document everything. Take photos of the damage. Write down what happened while it is fresh in your memory. Get the names and phone numbers of any witnesses. Save every medical bill, every pay stub from work you missed, every receipt for expenses related to the accident.
Call a lawyer before you do anything else. You do not need to figure this out on your own. A consultation costs you nothing. And it could be the difference between recovering full compensation and settling for pennies on the dollar.
In Colorado, you generally have three years from the date of the accident to file a personal injury lawsuit. That sounds like a long time. It is not.
Evidence disappears. Witnesses move. Surveillance footage gets deleted. The longer you wait, the harder it becomes to prove your case.
And insurance companies know this. They will drag out negotiations, make low offers, ask for more documentation, and hope you get frustrated and give up or run out of time.
If the statute of limitations expires before you file a lawsuit, you lose your right to recover anything. It does not matter how strong your case is. It does not matter how badly you were injured. The case is over.
Do not let that happen. The sooner you talk to a lawyer, the sooner we can start protecting your rights.
Colorado law requires all drivers to carry liability insurance. But not everyone follows the law. If the driver who hit you does not have insurance—or does not have enough insurance to cover your damages—you are not out of options.
If you have uninsured motorist coverage or underinsured motorist coverage on your own policy, that coverage will pay for your damages up to your policy limits. This is coverage you have been paying for, and now is the time to use it.
The problem is that your own insurance company will treat your claim the same way they would if you were a stranger. They will investigate. They will dispute. They will make low offers. And if you do not know how to negotiate with them, you will end up accepting far less than your policy actually provides.
We handle uninsured and underinsured motorist claims all the time. We know how to maximize your recovery under your own policy. We know what arguments the insurance company will make and how to counter them. And we know how to take the case to trial if they refuse to pay what you are owed.
If you had any kind of back pain, neck pain, or prior injury before the accident, the insurance company will try to use it against you. They will argue that your current pain is just your old injury flaring up. They will claim the accident did not cause any new damage.
This argument ignores the law. In Colorado, you are entitled to compensation if the accident made a pre-existing condition worse. The insurance company has to pay for the aggravation of your injury, even if you were not in perfect health before the crash.
But proving aggravation requires medical evidence. It requires doctors who can explain how the accident changed your condition. It requires records that show the difference between your pain before and your pain after.
We work with medical experts who understand these cases. We gather the records that prove the accident caused real, compensable harm. And we fight back when the insurance company tries to blame your injuries on something that happened years ago.
The insurance company will make an offer. It will come faster than you expect—sometimes within days of the accident. It will sound reasonable, especially if you have never been through this before.
Do not take it.
That first offer is almost always far less than what your case is worth. The adjuster is betting that you need money now and that you do not know enough to ask for more. They are betting you will be relieved to have the case over with and will not question the amount.
Once you accept a settlement, the case is closed. You cannot reopen it if your injuries get worse. You cannot renegotiate if you find out your medical bills are higher than you thought. You cannot go back and ask for compensation for the pain that did not start until two months after the accident.
Before you accept any offer, talk to a lawyer. Let us review the offer and tell you what your case is actually worth. Let us negotiate with the insurance company while you focus on recovering.
Kirk McCormick and Jay Murphy have spent years representing car accident victims in Arvada and across the Denver metro area. We know the local courts. We know the judges. We know the insurance companies and the tactics they use. And we know how to win.
We do not handle every kind of case. We focus on personal injury because that is where we can do the most good. When you hire us, you get a team that has seen cases like yours hundreds of times. You get lawyers who know how to investigate an accident, how to prove fault, how to document damages, and how to negotiate with insurance companies that do not want to pay.
You also get lawyers who will take your case to trial if that is what it takes. Insurance companies know which law firms will settle cheap to avoid court. They know which firms will fight. When they see our name on a case, they know we are not going away.
We work on contingency. That means you do not pay anything unless we recover compensation for you. No upfront fees. No hourly billing. If we do not win, you do not owe us a dime.
Having a strong case is not enough. You need someone who knows how to present it.
Insurance adjusters see hundreds of claims every year. They know which ones are well-documented and which ones are not. They know which lawyers will fight and which ones will fold. They make decisions about what to offer based on who is representing you.
When you have an experienced car accident lawyer on your side, the entire dynamic changes. Suddenly the insurance company cannot ignore your medical records. They cannot lowball you and hope you go away. They cannot delay and hope you give up.
We prepare every case as if it is going to trial. That means getting expert witnesses. That means deposing the other driver. That means gathering every piece of evidence that proves what happened and how it has affected your life. Most cases settle before trial. But the reason they settle—and the reason they settle for a fair amount—is because the insurance company knows we are ready to go to court if we need to.
When you call us, you will speak to someone who has handled cases like yours. Not a paralegal. Not an intake coordinator. A lawyer who can answer your questions and tell you whether you have a case.
We will ask about the accident. We will ask about your injuries. We will ask what the insurance company has said and what you have signed. And we will give you honest advice about what comes next.
If we think you have a case, we will explain how the process works, what we can do for you, and what you can expect in terms of timeline and recovery. If we do not think you need a lawyer, we will tell you that too. You will not get a sales pitch. You will get straight answers.
Most of our clients come to us in the first few days or weeks after an accident. But even if it has been longer, call us. As long as the statute of limitations has not expired, we may still be able to help.
If you were injured in a car accident in Arvada, you do not have to face the insurance company alone. You do not have to wonder if you are making the right decisions. You do not have to settle for less than what you deserve.
McCormick & Murphy, P.C. represents car accident victims throughout Arvada, Denver, and the surrounding metro area. We know how to prove fault, document damages, and negotiate with insurance companies that do not want to pay. And we know how to take cases to trial when that is what it takes to get justice.
Call us at 888-668-1182 for a free consultation. We will review your case, answer your questions, and tell you what your options are. No fees unless we win.
Your rights are on the clock. Do not wait until it is too late.
Get medical attention even if you feel fine. Adrenaline and shock can mask serious injuries, and delaying treatment gives the insurance company an excuse to argue your injuries were not caused by the accident. Call the police and make sure an accident report is filed. Take photos of the damage to all vehicles, the position of the cars, skid marks, traffic signs, and anything else that shows what happened. Get the names and phone numbers of any witnesses. Exchange insurance information with the other driver, but do not discuss fault or apologize. Contact a car accident lawyer before you give any statements to the insurance company.
No. You are not legally required to give a recorded statement to the other driver’s insurance company, and you should not do it. Anything you say in that recording can be used to reduce or deny your claim. Even your own insurance company may use your recorded statement against you later if you file an underinsured or uninsured motorist claim. You do have a duty to cooperate with your own insurance company under the terms of your policy, but cooperation does not always mean a recorded statement. Talk to a lawyer before you agree to any recorded statement.
Colorado’s statute of limitations for personal injury claims is generally three years from the date of the accident. If you do not file a lawsuit within that time, you lose your right to recover compensation. There are some exceptions—for example, if the accident involved a government vehicle, you may have as little as 180 days to file a notice of claim. The sooner you talk to a lawyer, the more time we have to investigate your case, gather evidence, and negotiate with the insurance company before the deadline approaches.
If the other driver does not have insurance, you can file a claim under your own uninsured motorist coverage if you have it. This coverage is designed to protect you when you are hit by someone who has no insurance or not enough insurance to cover your damages. Your own insurance company will pay for your medical bills, lost wages, and other damages up to your policy limits. Even though it is your own insurance company, they will still investigate and may dispute your claim, so it is important to have a lawyer on your side who knows how to maximize your recovery under your policy.
Yes, as long as you were less than 50 percent at fault. Colorado follows a modified comparative negligence rule, which means your compensation will be reduced by your percentage of fault. For example, if you are found to be 20 percent at fault and your total damages are $100,000, you can recover $80,000. If you are found to be 51 percent or more at fault, you cannot recover anything. Insurance companies will try to shift as much blame onto you as possible to reduce what they have to pay, so it is important to have a lawyer who knows how to prove the other driver was primarily responsible.
The value of your case depends on the severity of your injuries, the amount of your medical bills, how much work you missed, whether you will need future medical treatment, and how the accident has affected your daily life. There is no formula that applies to every case. Cases involving serious injuries like broken bones, herniated discs, or traumatic brain injuries are worth more than cases involving minor soft tissue injuries. Cases where fault is clear are worth more than cases where fault is disputed. The only way to know what your case is worth is to have an experienced car accident lawyer review the facts and the evidence.
Your own insurance company may pay for your injuries if the other driver does not have insurance or does not have enough insurance to cover your damages. This is done through your uninsured or underinsured motorist coverage. You may also have medical payments coverage, which pays for your medical bills regardless of who was at fault, up to your policy limits. However, your own insurance company is not automatically on your side. Once you file a claim, they may investigate, dispute your injuries, and offer far less than your case is worth. Having a lawyer who knows how to deal with your own insurance company can make a significant difference in what you recover.
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Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
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